NICOLAS A. ZAMBECK, being duly sworn, deposes and says that he is a Special Agent with the Federal Bureau of Investigation ("FBI"), and charges as follows:

COUNT I

1. On or about October 2, 2001, in the Central District of Illinois, ALI SALEH KAHLAH AL-MARRI, a/k/a "Abdullakareem A. Almuslam," the defendant, in a matter within the jurisdiction of the executive branch of the United States, unlawfully, willfully, and knowingly falsified, concealed, and covered up by trick, scheme, and device a material fact, and made a materially false, fictitious, and fraudulent statement and representation, to wit, AL-MARRI falsely informed an agent of the Federal Bureau of Investigation ("FBI") that AL-MARRI had not entered the United States between 1991 and September 10, 2001.

(Title 18, United States Code, Section 1001.)

COUNT 2

2. On or about December 11, 2001, in the Central District of Illinois, ALI SALEH KAHLAH AL-MARRI, a/k/a "Abdullakareem A. Almuslam," the defendant, in a matter within the jurisdiction of the executive branch of the United States, unlawfully, willfully, and knowingly falsified, concealed, and covered up by trick, scheme, and device a material fact, and made a materially false, fictitious, and fraudulent statement and representation, to wit, AL-MARRI falsely informed an agent of the FBI that AL-MARRI had not called a telephone number in the United Arab Emirates associated with Mustafa Ahmed al-Hawsawi.

(Title 18, United States Code, Section 1001.)

COUNT 3

3. On or about July 21, 2000, in the Central District of Illinois, ALI SALEH KAHLAH AL-MARRI, a/k/a "Abdullakareem A. Almuslam," the defendant, unlawfully, willfully, and knowingly made a false statement and report, for the purpose of influencing the action of an institution the accounts of which were insured by the Federal Deposit Insurance Corporation, upon an application, to wit, AL-MARRI provided a false name and stolen Social Security number in connection with an account application at Citizen's National Bank in Macomb, Illinois.

(Title 18, United States Code, Section 1014.)

COUNT 4

4. On or about August 3, 2000, in the Central District of Illinois, ALI SALEH KAHLAH AL-MARRI, a/k/a "Abdullakareem A. Almuslam," the defendant, unlawfully, willfully, and knowingly made a false statement and report, for the purpose of influencing the action of an institution the accounts of which were insured by the Federal Deposit Insurance Corporation, upon an application, to wit, AL-MARRI provided a false name and stolen Social Security number in connection with an account application at the First Federal Bank in Macomb, Illinois.

(Title 18, United States Code, Section 1014.)

COUNT 5

5. On or about August 3, 2000, in the Central District of Illinois, ALI SALEH KAHLAH AL-MARRI, a/k/a "Abdullakareem A. Almuslam," the defendant, unlawfully, willfully, and knowingly made a false statement and report, for the purpose of influencing the action of an institution the accounts of which were insured by the Federal Deposit Insurance Corporation, upon an application, to wit, AL-MARRI provided a false name and stolen Social Security number in connection with an account application at Mid-America National Bank in Macomb, Illinois.

(Title 18, United States Code, Section 1014.)

COUNT 6

6. In or about July 2000 through in or about August 2000, in the Central District of Illinois and elsewhere, ALI SALEH KAHLAH AL-MARRI, a/k/a "Abdullakareem A. Almuslam," the defendant, unlawfully, willfully, and knowingly used, without lawful authority, a means of identification of another person with the intent to commit an unlawful activity that constitutes a violation of Federal law, to wit, AL-MARRI used a stolen Social Security number that was not issued in his name to file false account applications with three banks in Macomb, Illinois, in violation of Title 18, United States Code, Section 1014.

(Title 18, United States Code, Section 1028(a)(7))

The bases for my knowledge and for the foregoing charges are, in part, as follows:

7. I am a Special Agent with the FBI, and I have been personally involved in the investigation of this matter. This affidavit is based upon my conversations with other law enforcement agents and upon my examination of various transcripts, reports, and records. Because this affidavit is being submitted for the limited purpose of establishing probable cause for the offenses cited above, it does not include all of the facts that have been learned during the course of the investigation. Where the contents of documents or statements of others are reported herein, they are reported in substance and in part, unless otherwise indicated.

The September 11 Terrorist Attacks

8. On Tuesday, September 11, 2001, in a series of coordinated attacks, terrorists attacked the World Trade Center ("WTC") in lower Manhattan in New York City and the Pentagon in Arlington, Virginia (the "September 11 Attacks"). The attack plan included, among other things, the hijacking of four commercial airliners: (a) American Airlines Flight 11 ("AA11"), a Boeing 767, which departed Logan Airport in Boston, Massachusetts, at approximately 7:45 a.m., en route to Los Angeles, California; (b) United Airlines Flight 175 ("UA175"), a Boeing 767, which departed Logan Airport at approximately 8:00 a.m., en route to Los Angeles, California; (c) American Airlines Flight 77 ("AA77"), a Boeing 757, which departed Dulles Airport in Washington, D.C., at approximately 8:20 a.m., en route for Los Angeles, California; and (d) United Airlines Flight 93 ("UA93"), a Boeing 757, which departed Newark Airport in Newark, New Jersey, at approximately 8:42 a.m., en route to San Francisco, California.

9. At approximately 8:45 a.m., AA11 was flown into the North Tower of the WTC. Approximately twenty minutes later, UA175 was flown into the South Tower of the WTC. Within approximately 50 minutes, the South Tower collapsed. The North Tower followed, collapsing at approximately 10:25 a.m. The attack on the Twin Towers resulted in the murders of thousands of people and the destruction of several additional buildings in the complex.

10. At approximately 9:40 a.m., AA77 was crashed into the Pentagon. A large portion of the building was destroyed, collapsing at approximately 10:10 a.m. The attack resulted in the murders of hundreds of people.

11. At approximately 10:10 a.m., UA93 was crash landed in Somerset County, Pennsylvania, killing all aboard.

The Initial Interview Of Al-Marri

12. In connection with the investigation into the September╩11 Attacks, on or about October 2, 2001, another FBI agent and I interviewed ALI SALEH KAHLAH AL-MARRI, a/k/a "Abdullakareem A. Almuslam," the defendant, at his apartment in Peoria, Illinois. During the interview, AL-MARRI stated, among other things, that he is a Qatari national and that he had been in the United States since September 10, 2001. AL-MARRI also stated that he possessed a student visa issued by the United States and that he was studying for a master's degree in computer information systems at Bradley University in Peoria, Illinois.

13. During the October 2, 2001 interview, I asked AL-MARRI when he had previously traveled to the United States. AL-MARRI responded that, prior to his arrival in the United States on September 10, 2001, he had last been in the United States from approximately 1983 to 1991, when he obtained a bachelor of science degree from Bradley University.

a. On June 25, 2001, al-Hawsawi used a cash deposit to open a checking account at a Standard Chartered Bank branch in Dubai, United Arab Emirates (hereinafter "UAE").

b. On June 25, 2001, at the same Standard Chartered Bank branch in Dubai, UAE, Fayez Ahmed, alleged to be a hijacker of UA175, used a cash deposit to open a savings account and also opened a checking account.

c. On July 18, 2001, Fayez Ahmed gave power of attorney to al-Hawsawi for Fayez Ahmed's Standard Chartered Bank accounts in the UAE.

d. Between July 18 and August 1, 2001, al-Hawsawi caused Fayez Ahmed's VISA and ATM cards to be shipped from the UAE to Fayez Ahmed in Florida.

e. On September 8, 2001, Mohammed Atta, alleged to be a hijacker of AA11, wired $2,860 to "Mustafa Ahmed" in the UAE.

f. On September 8, 2001, Mohammed Atta wired $5,000 to "Mustafa Ahmed" in the UAE.

g. On September 9, 2001, Waleed M. al-Shehri, alleged to be another hijacker of AA11, wired $5,000 to "Ahamad Mustafa" in the UAE.

h. On September 10, 2001, Marwan al-Shehhi, alleged to be another hijacker of UA175, wired $5,400 to "Mustafa Ahmad" in the UAE.

i. On September 11, 2001, in the UAE, approximately $16,348 was deposited into al-Hawsawi's Standard Chartered Bank account.

j. On September 11, 2001, in the UAE, at approximately 9:22 a.m. local time (the early morning hours of Eastern Daylight Time), al-Hawsawi transferred approximately $6,500 of the approximately $8,055 in Fayez Ahmed's Standard Chartered Bank accounts into his own account, using a check dated September 10, 2001, and apparently signed by Fayez Ahmed. Al-Hawsawi then withdrew approximately $1,361, nearly the entire remaining balance in Fayez Ahmed's accounts, by ATM cash withdrawal.

k. On September 11, 2001, in the UAE, approximately $40,871 was prepaid to a VISA card connected to Al-Hawsawi's Standard Chartered Bank account.

l. On September 11, 2001, al-Hawsawi left the UAE for Pakistan.

Al-Hawsawi and the UAE Telephone Number

15. I have spoken with other agents, who have advised me of the following information regarding a telephone number used by al-Hawsawi in the UAE (hereinafter "the UAE Telephone Number"):

a. On or about September 8, 2001, al-Hawsawi provided the UAE Telephone Number on a cash withdrawal slip from his account at the Standard Chartered Bank in the UAE.

b. On or about September 4, 2001, Mohammed Atta sent a federal express package that was later received in the UAE on or about September 8, 2001. The package was addressed to "Almohtaram," which is Arabic for "the respected one," and Atta gave to Federal Express the UAE Telephone Number as the point of contact for the recipient.

c. A telephone calling card known to have been in the possession of Mohammed Atta was used to make telephone calls to the UAE Telephone Number.

d. The UAE Telephone Number was used by "Hashem Abdollahi," which is believed to be another name used by al-Hawsawi, on a September 3, 2001 wire transfer to Ramzi Bin al-Shibh, a/k/a "Ahad Sabet," a/k/a "Ramzi Mohamed Abdellah Omar," another unindicted co-conspirator named in the Moussaoui Indictment.

AL-MARRI's Calls to the UAE Telephone Number

16. I have learned the following from other federal agents and from my own review of telephone records:

a. On or about September 23, 2001, a telephone call was attempted from a pay telephone in a store in Peoria, Illinois, to the UAE Telephone Number, using a calling card and dedicated pin number issued by Network IP (hereinafter "the Network IP Calling Card and Pin Number").

b. On or about September 27, 2001, a telephone call was attempted from a cellular telephone subscribed to by ALI SALEH KAHLAH AL-MARRI, a/k/a "Abdullakareem A. Almuslam," the defendant (the "AL-MARRI CELLPHONE"), using the Network IP Calling Card and Pin Number.

c. On or about October 14, 2001, between 1:42 a.m. and 1:52 a.m., a telephone call was attempted from a pay telephone in a gas station in Springfield, Illinois, (1) to the UAE Telephone Number, using the Network IP Calling Card and Pin Number. At approximately 1:08 a.m. on October 14, 2001, the AL-MARRI CELLPHONE was activated in a cell site located in Lincoln, Illinois, approximately 20 miles north of Springfield. (2) At approximately 2:15 a.m. on October 14, 2001, the AL-MARRI CELLPHONE was activated in a cell site located in Springfield.

d. On or about October 24, 2001, a telephone call was made from a telephone subscribed to by AL-MARRI in AL-MARRI's Peoria, Illinois apartment (the "AL-MARRI HOME PHONE") to a telephone number in Houston, Texas, using the Network IP Calling Card and Pin Number.

17. I have also learned the following from other federal agents:

a. On or about November 4, 2001, telephone calls were attempted from two pay telephones in Chicago, Illinois, to the UAE Telephone Number and to telephone numbers in Pakistan and Saudi Arabia, using a calling card and dedicated pin number issued by Qwest Communications (hereinafter "the Qwest Calling Card and Pin Number"). (3) Between 1:29 a.m. and 5:18 p.m. on November 4, 2001, the AL-MARRI CELLPHONE was activated in cell sites located in Chicago and, in particular, was used to check the voice mail on the AL-MARRI CELLPHONE and to call the AL-MARRI HOME PHONE in Peoria.

b. On or about November 7, 2001, telephone calls were made from the AL-MARRI HOME PHONE using the Qwest Calling Card and Pin Number.

The Second Interview of AL-MARRI and the Searches

18. On or about December 11, 2001, after the FBI performed the telephone analysis described above, another agent and I revisited ALI SALEH KAHLAH AL-MARRI, a/k/a "Abdullakareem A. Almuslam," the defendant, at his Peoria, Illinois apartment. We asked him to come to the Peoria, Illinois office of the FBI to answer some additional questions. AL-MARRI agreed. In addition, we asked AL-MARRI for permission to search his apartment. AL-MARRI consented to the search. During this search, we found, among other things, a laptop computer. I asked AL-MARRI for consent to search the laptop. AL-MARRI gave his consent and retrieved a laptop computer carrying case that was in his closet. AL-MARRI then put the laptop computer in the carrying case.

19. During the interview that was conducted later on December 11, 2001, ALI SALEH KAHLAH AL-MARRI, a/k/a "Abdullakareem A. Almuslam," the defendant, stated the following, in substance and in part:

b. AL-MARRI acknowledged that he had telephoned an individual in Houston, Texas (the "Houston Resident"). The Houston Resident is the registered subscriber to the Houston, Texas telephone number to which a telephone call was made, on or about October 24, 2001, from the AL-MARRI HOME PHONE using the Network IP Calling Card and Pin Number. (See supra ║ 16(d)).

c. AL-MARRI stated that he had not traveled to any countries other than Qatar, Saudi Arabia, and the United States.

20. On December 12, 2001, an FBI computer systems analyst, with whom I have spoken, opened the computer carrying case provided to the FBI the day before by ALI SALEH KAHLAH AL-MARRI, a/k/a "Abdullakareem A. Almuslam," the defendant, and found, among other things, a folded two-page handwritten document that listed approximately 36 credit card numbers together with the names of the account holders, an indication as to whether each credit card number was VISA or Mastercard, and the expiration dates of each card. The expiration dates on the list indicated that each of the cards had expired. AL-MARRI was not listed as the account holder for any of the approximately 36 credit cards. Approximately 17 of the 36 credit card numbers appeared to be issued by domestic banks. I have learned from other agents that records from the issuing domestic banks showed that the approximately 17 domestically issued credit card numbers were either once or currently valid, and that they were issued to persons other than AL-MARRI. (4) In addition, during their search of AL-MARRI's laptop computer, the FBI computer systems analysts found:

a. An Arabic oath or prayer, which states, among other things, that "[n]either the U.S. nor anyone living in it will dream of security/safety before we live it in Palestine and before the infidel armies leave the land of Mohammed," and that God should "protect" and "guard" Usama Bin Laden.

b. Computer audio files containing Arabic lectures by Usama bin Laden and his associates, concerning, among other things, the importance of jihad and martyrdom and the merits of the Taliban regime in Afghanistan. The lectures instructed, among other things, that Muslim scholars shouldorganize opposition to Jewish and Christian control of "Palestine," Lebanon, and Saudi Arabia; that ordinary Muslims should train in Bin Laden's camps in Afghanistan by entering through Pakistan; and that clerics who claim that Islam is a religion of peace should be disregarded.

c. Photographs of the September 11 Attacks on the World Trade Center; photographs of various Arab prisoners held by authorities in Kabul, Afghanistan; and a map of Afghanistan.

d. Computer files containing lists of websites that are titled, among other things, "Jihad arena"; "Taliban"; "Arab's new club - Jihad club"; "Tunes by bullets"; and "martyrs."

e. A computer folder called "chem" containing favorite bookmarked internet web sites, including sites providing factsheets for hazardous substances and other sites providing the amounts of certain hazardous chemicals that are "immediately dangerous to life or health." (5) The folder also contains websites designed for the acquisition of industrial chemicals.

g. Computer files containing an aggregate of over approximately 1,000 apparent credit card numbers, stored in various computer files, as well as a list of numerous favorite bookmarked internet web sites relating to, among other things, computer hacking, fake driver's licenses and other fake identification cards, buying and selling credit card numbers, and processing credit card transactions. Preliminary examination of records for the approximately 1,000 credit card numbers found on AL-MARRI's computer has confirmed that the majority of these cards have been subjected to fraud.

21. On or about December 14, 2001, other agents and I searched the apartment of ALI SALEH KAHLAH AL-MARRI, a/k/a "Abdullakareem A. Almuslam," the defendant, pursuant to a search warrant authorized by a United States Magistrate Judge sitting in the Central District of Illinois. During the search, we found, among other things: (a) an Arabic prayer seeking, among other things, the defeat of the "villainous" Christians and Jews, and victory for Muslims in "Palestine," Afghanistan, Kashmir, and Chechnya (6); and (b) an almanac with bookmarks in pages that provided information about major United States dams, reservoirs, waterways, and railroads.

"Abdullakareem A. Almuslam" and AL-MARRI's August 2000 Visit to the United States

22. I have reviewed the reports of FBI analysts who have examined the credit card numbers found in the laptop carrying case and on the laptop computer belonging to ALI SALEH KAHLAH AL-MARRI, a/k/a "Abdullakareem A. Almuslam," the defendant. From these reports, I have learned the following:

a. Several of the credit card numbers found in AL-MARRI's possession had been used to make fraudulent purchases at a business called "AAA Carpet."

b. AAA Carpet is a fictitious entity with no actual physical location. The address provided for AAA Carpet is actually that of the Time Out Motel, Room 209, in Macomb, Illinois.

c. In or about July and August 2000, several bank accounts in Macomb, Illinois, were opened for AAA Carpet by an individual identifying himself as "Abdullakareem A. Almuslam." Specifically, "Almuslam" opened accounts for AAA Carpet at three banks in Macomb -- Citizen's National Bank, First Federal Bank, and Mid-America National Bank (the "AAA Carpet Accounts"). In addition, "Almuslam" opened an account with Card Services International, a credit card processing company, which allowed AAA Carpet to process credit card transactions.

d. According to Card Services International records, 12 credit cards were charged by AAA Carpet during the period that AAA Carpet's account with Card Services International was active, purportedly for services rendered by AAA Carpet. All 12 transactions were later voided when the credit card account holders advised that they had not authorized any charges to their credit cards by AAA Carpet. Six of the 12 credit card numbers that were charged fraudulently by AAA Carpet were later found on the laptop computer of ALI SALEH KAHLAH AL-MARRI, a/k/a "Abdullakareem A. Almuslam," the defendant.

23. In connection with his applications for the AAA Carpet Accounts, "Almuslam" provided a home address that corresponded to the Time Out Motel in Macomb, Illinois. I have reviewed records from the Time Out Motel, which show that an individual identifying himself as "Abdullakareem Almuslam" stayed at the hotel from July 2000 to August 2000. In addition, on or about October 22, 2002, I visited the hotel and spoke with an employee of the hotel. I showed the employee a photographic array containing a picture of ALI SALEH KAHLAH AL-MARRI, a/k/a "Abdullakareem A. Almuslam," the defendant, and the employee identified AL-MARRI as the individual who had stayed at the Time Out Motel in July and August 2000 under the name "Abdullakareem Almuslam."

24. I have also obtained the signature cards and account opening documents (the "Bank Documents") from the three banks in Macomb at which "Almuslam" opened the AAA Carpet Accounts. In addition, I have obtained a handwriting exemplar from ALI SALEH KAHLAH AL-MARRI, a/k/a "Abdullakareem A. Almuslam," the defendant, of his signature. The signature used by "Almuslam" in the Bank Documents appears similar to AL-MARRI's signature.

25. In addition, I sent the Bank Documents to the FBI laboratory for examination. Latent print analysis of these documents resulted in at least three positive fingerprint identifications for the fingerprints of ALI SALEH KAHLAH AL-MARRI, a/k/a "Abdullakareem A. Almuslam," the defendant.

26. I have obtained the telephone toll records from the Time Out Motel for the room occupied by "Almuslam." These records reflect a telephone call from the "Almuslam" room to the Travel Company, a travel agency in Macomb, Illinois. I also have obtained records from the Travel Company, which show that, on August 17, 2000, the Travel Company made an airline reservation for an "Ali Al-Marri" for travel on August 18, 2000, from Peoria, Illinois, to New York, New York, with return to Peoria, all on American Airlines. According to records from American Airlines, a passenger named "Ali Al-Marri" traveled from Peoria to Chicago's O'Hare Airport, and then to New York's LaGuardia Airport on or about August 18, 2000. This "Al-Marri" then returned from New York to Chicago on August 19, 2000, but did not connect with his flight to Peoria.

27. The telephone toll records for the "Almuslam" room at the Time Out Motel also showed a telephone call from that room to Lufthansa Airlines on August 17, 2000. According to records of Lufthansa Airlines, a passenger named "Ali S. Al-Marri" used Lufthansa Airlines on or about August 21, 2000, to travel from Frankfurt, Germany, with a connection to Dahmam, Saudi Arabia. This "Ali S. Al-Marri" also traveled on Lufthansa on or about May 25-26, 2000, from Dahmam, Saudi Arabia, to Frankfurt, Germany, and on to Chicago's O'Hare Airport.

28. Based on the investigation described above in paragraphs 18 through 27, I believe that ALI SALEH KAHLAH AL-MARRI, the defendant, is the "Abdullakareem A. Almuslam" who opened the AAA Carpet Accounts.

29. In opening the AAA Carpet Accounts, ALI SALEH KAHLAH AL-MARRI, a/k/a "Abdullakareem A. Almuslam," the defendant, used a Social Security number that is not assigned to AL-MARRI but, according to a law enforcement database, is instead assigned to a woman.

30. I also have contacted the three banks identified above -- Citizen's National Bank, First Federal Bank, and Mid-America National Bank. The accounts of all three banks are insured by the Federal Deposit Insurance Corporation.

The Non-Immigrant Visa Application

31. 31. Finally, in connection with my investigation, I have obtained the Non-Immigrant Visa Application (the "Visa Application") completed, on or about September 9, 2001, by AL-MARRI prior to his entry into the United States. In the Visa Application, AL-MARRI answered "yes" to the question "Have you ever been in the U.S.A." In response to the question "When," he stated "1990," and in response to the question "For how long?" he answered "8 months."

WHEREFORE, deponent prays that an arrest warrant be issued and that the defendant be imprisoned or bailed as the case may be.

1. Springfield is located approximately 65 miles from Peoria, Illinois.

2. I am aware that cellular telephone networks are divided into grids of "cells," each of which contain transmitters and receivers for cellphone signals that connect a cellphone to the network. When a cellphone is used or activated, it generally transmits its signals to the nearest cell, and law enforcement can obtain the location of the cell site in which a particular cellphone is activated.

4. On December 12, 2001, AL-MARRI was arrested as a material witness in connection with the investigation of the September 11 Attacks. AL-MARRI was subsequently indicted by a grand jury sitting in this District for the unauthorized possession of 15 or more access devices -- credit card numbers -- with the intent to defraud, in violation of Title 18, United States Code, Section 1029(a)(3). That case, 02 Cr. 147 (VM), is currently pending before the Honorable Victor Marrero, and trial is set for January 13, 2003.

5. The "immediately dangerous to life or health," or "IDLH," value, is a recognized standard published by the National Institute for Occupational Safety and Health ("NIOSH"), which is part of the Centers for Disease Control and Prevention ("CDC"). The IDLH value refers to the concentration at which a toxic chemical becomes hazardous to life or health.

6. I have been advised that all translations and descriptions of Arabic documents and files contained herein were provided by FBI or other federally employed interpreters.